Y.Prakruthi Raja Babu Krishna v. K.Vama Naga Vara Prasad Krishna

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CIVIL REVISION PETITION No. 1320 of 2003 ORDER:

The present Civil Revision Petition is filed under Section 115 of C.P.C., against the decree and order dated 11.02.2003, passed in E.P.No.30 of 2002 in O.S.No.66 of 2000, on the file of the learned Principal Junior Civil Judge, Avanigadda, wherein the application made under Order 21 Rule 37 and 38 under Section 55 of C.P.C was allowed.

The facts in issue are as under:

The respondent herein/decree holder, after obtaining decree in O.S.No.66 of 2000, approached the petitioner herein/judgment debtor and requested him to pay the decretal amount, but he failed to do so. It is stated that the judgment debtor has got Acs.4.00 of wet land in the limits of V.Kothapalem Village and he is also doing contract works, thereby earning one lakh rupees per annum and as such he has got financial capacity to pay the decretal amount at a time, but failed to do so. Therefore, the decree holder filed execution petition seeking realization of the decretal amount by way of arrest of the judgment debtor which was allowed. Aggrieved thereby, the present revision is filed.

Heard learned counsel for the petitioner, Sri V.S.R.Anjaneyulu. A perusal of the material on record would disclose that during chief-examination and cross-examination, PW.1 stated that the judgment debtor has got four acres of land and also

earning income through contract works which is sufficient to discharge the decretal amount. The judgment debtor did not deny the evidence adduced by PW.1 with regard to the income earned by him. Hence, the trial Court rightly allowed the execution petition made by the decree holder seeking realization of decretal amount by way of arrest of the judgment debtor which warrants no interference by this Court. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs.

As a sequel thereto, Miscellaneous Petitions pending if any in this Civil Revision Petition, shall stand closed. ____________________ C. PRAVEEN KUMAR, J 28.07.2016 vhb